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United States Court of Appeals for the Federal Circuit
SAMANTHA E. CARR, ROBERT M. CARR, Claimants-Appellants v. ROBERT WILKIE, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee
Appeal from the United States Court of Appeals for Veterans Claims in No. 16-3438, Chief Judge Margaret C. Bartley, Judge Coral Wong Pietsch, Judge Joseph L. Toth.
__________ Decided: June 11, 2020 __________
SAMANTHA E. CARR, ROBERT M. CARR, Alexandria, VA, pro se. SOSUN BAE, Commercial Litigation Branch, Civil Divi-sion, United States Department of Justice, Washington, DC, for respondent-appellee. Also represented by JOSEPH H. HUNT, ROBERT EDWARD KIRSCHMAN, JR., LOREN MISHA PREHEIM; Y. KEN LEE, BRYAN THOMPSON, Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.
__________ Case: 19-2441 Document: 22 Page: 1 Filed: 06/11/2020
2 CARR v. WILKIE
Before REYNA, CHEN, and HUGHES, Circuit Judges.
HUGHES, Circuit Judge.
This case is about veterans’ educational assistance benefits. Father-daughter appellants Robert and Samantha Carr appeal a decision of the U.S. Court of Appeals for Veterans Claims upholding a mid-semester termination of education benefits Ms. Carr received from her father. Based on a regulation specific to dependents’ use of transferred benefits, the Board of Veterans’ Appeals had denied Ms. Carr’s request to extend her benefits until the end of her school semester. The Veterans Court, however, re-solved the appeal purely through statutory interpretation and did not address the transferred benefits regulation. Because we disagree with the Veterans Court’s interpretation of the statutes in question, we reverse and remand for consideration of the unaddressed regulatory challenge.
Congress provides, through the Department of Veterans
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Carr v. Wilkie, No. 2019-2441 (Decided: June 11, 2020 ); VA education benefits; 38 U.S.C. § 3695, 38 U.S.C. § 3695(a)'s aggregate multi-program benefits cap does not preclude end-of-term extensions of benefits authorized under individual benefits programs; when a veteran's Chapter 33 benefits are exhausted during a school semester, the VA must continue to pay benefits until the end of that semester. See id. §§ 3031(f), 3312(b), 3321(b)(2); veterans with service-connected disabilities receiving training and rehabilitation under Chapter 31 may exceed the 48-month cap to receive additional Chapter 31 benefits with the VA Secretary's permission, see id. § 3695(b);
United States Court of Appeals for the Federal Circuit SAMANTHA E. CARR, ROBERT M. CARR, Claimants-Appellants v. ROBERT WILKIE, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee 2019-2441 Appeal from the United States Court of Appeals for Veterans Claims in No. 16-3438, Chief Judge Margaret C. Bartley, Judge Coral Wong Pietsch, Judge Joseph L.